Article 1
These Regulations are established in accordance with Article 7
and Article 8, paragraph 3 of the Fisheries Act (hereinafter
referred to as the Act).
Article 2
The permissions of the building, modification, chartering and
importation of fishing vessels and fishery types to be engaged
in, and the issuance of fishing licenses shall be conducted
pursuant to these Regulations. Notwithstanding this provision,
provisions as stipulated in the Regulations for Recreational
Fishery and the Rules for the Registry of Fishing Right shall be
applied first.
Article 3
The definitions of terms used in these Regulations are as the
follows:
(1) “Fishing license” means the fishing license or fishery
certificate.
(2) “Fishery type” means the main fishery registered on the
fishing license, excluding the part-time fishery.
(3) “Loss of a fishing vessel” means a fishing vessel that has
been scrapped, sunk, stranded, damaged or missing. In the event
that a fishing vessel is detained, confiscated or forfeited by
a foreign government for violating laws or regulations of that
government, and the nationality certificate of such vessel is
revoked, it shall be regarded as loss of a fishing vessel.
(4) “Replacement qualification” means any of the following
qualifications:
i. The fishery operator whose fishing license is submitted and
revoked after the loss of his/her fishing vessel is granted the
qualification to build a new fishing vessel of the same tonnage
to replace the original one and continue to engage in the same
fishery type;
ii. After replacing a tuna purse seine fishing vessel of the same
size level registered in a regional fisheries management
organization, the fishery operator is authorized and granted by
the central competent authority the qualification to build,
export and continue to engage in the tuna purse seine fishery.
iii. The fishery operator of Matzu and Kinmen who obtains the
qualification to engage in the same fishery type after his/her
fishing vessel is authorized by the competent authority before
30 June 2006 to change into a cargo vessel.
(5) “Replacement tonnage” means the tonnage granted to the
fishery operator whose fishing vessel has been granted the
replacement qualification.
(6) “Fishing vessel tonnage” means the gross tonnage measured by
the navigation authority pursuant to the Regulations for
Measurement of Ships. In the case that a fishing vessel was
measured before the promulgation of the amendment of the
Regulations for Measurement of Ships on 16 July 1982 under Order
No.Jiao-Hang (71) 1584, the tonnage of such fishing vessel shall
be added by 30%.
(7) “Length overall” means the distance measured in a straight
line between the foremost point of the bow and the aftermost
point of stern.
Article 4
Any fishery operator that meets any of the following
requirements may apply for the issuance of fishing license:
(1) The fishery operator has acquired a fishing vessel newly
builtwith the replacement qualification to engage in fisheries;
(2) The fishery operator is authorized to engage in fisheries
with
a newly-built fish carrier over 2 thousand tons;
(3) The fishery operator engages in fisheries with an imported
fishing vessel that is permitted by the central competent
authority;
(4) The fishery operator engages in fisheries with an assumed
or chartered fishing vessel;
(5) The fishery operator is authorized to change the fishery
type to be engaged in with the existing fishing vessel;
(6) The fishery operator whose fishing vessel is authorized to
specialize in fisheries training, research and patrolling;
(7) The fishery operator who obtains the replacement
qualification pursuant to these Regulations engages in
fisheries with the acquisition of a fishing vessel whose
fishing license has been revoked by the central competent
authority, instead of building a new fishing vessel.
The fishery operator as referred to in subparagraph (7) of the
preceding paragraph shall not be the one upon whom the
revocation of fishing licenses was originally imposed, and the
reason for the revocation of the fishing license of the fishing
vessel that the fishery operator acquires shall not be any of
the following:
(1) The fishing vessel has engaged in firearms, drugs or human
trafficking or high seas driftnet fishing;
(2) The fishing vessel has committed any violation during
fishing activities, and has been listed as a illegal, unreported
and unregulated (IUU) vessel by any international fisheries
organization.
Article 5
Application for the renewal of the existing fishing license for
the expiration of its validation shall be made three months
before the expiration. Notwithstanding such provision, any of
the following circumstances shall be exempted:
(1) The prior application for postponement of the renewal of
the fishing license has been permitted by the competent
authority, and as such, the renewal may be applied before the
date approved by the competent authority;
(2) The fishery operator who has been authorized by the
competent authority the suspension of the operation may apply
for renewal of the fishing license before the resumption of the
operation.
Failure to apply for renewal of the fishing license before the
expiration shall be subject to punishment by the competent
authority pursuant to the Act.
Article 6
Any fishery operator who has assumed a fishing vessel from
others shall apply for the fishing license within one month
after the navigation authority completes the change of vessel
ownership.
Article 7
In case that there is any change to the contents that shall be
recorded on the fishing license, application for the recording
of such change shall be made within one month after the
occurrence of such change, together with enclosure of
certifying document(s).
In case of the change of the fishery operator, fishing vessel
name or fishery type, application for re-issuing of fishing
license shall be made.
Article 8
In case of loss of a fishing vessel, the fishery operator shall
apply for revocation of the fishing license with enclosure of
certifying documents, documents certifying the cancellation of
vessel registration issued by the navigation authority and the
original fishing license.
The competent authority shall cancel the fishing license in case
of the forfeiture, confiscation or export of the fishing vessel.
Article 9
In case that a fishery operator who does not build a new fishing
vessel after having been granted with the replacement
qualification, such fishery operator may apply, with other
existing fishing vessel(s), for the change of fishery type to
the same as the replacement qualification granted.
In case that an existing fishing vessel has changed its fishery
type with replacement qualification as referred to in the
preceding paragraph, its fishery operator may apply for the
replacement qualification of the original fishery type of such
fishing vessel.
Article 10
In case of any of the following circumstances, the fishery
operator may directly apply for the change of fishery type:
(1) Any fishing vessel of coral fishery, shellfish fishery,
fishery using submarine device(s) changes to engage in the
fishery type except for the trawl fishery.
(2) Any fishing vessel of bull trawl fishery changes to engage
in the otter trawl fishery.
Article 11
Where the change of fishery type has been approved, application
for the change of fishery type shall not be made again within
two years.
The change of fishery type of any imported fishing vessel shall
not be applied. Notwithstanding this provision, for the fishing
vessel imported pursuant to subparagraph (3) of Article 27,
paragraph 1, provisions of the preceding two articles may be
applied.
Article 12
Provisions for the interchange or part-time operation of
fishing vessels of directed fisheries, recreational fishery
and fishing right fishery are as the followings:
(1) Except for part-time fishing right fishery, any fishing
vessel of directed fishery may apply for change of or part-time
operation of other fishery types. Notwithstanding this
provision, mackerel purse seine fishing vessels and fish
carriers shall not apply for engaging in other fishery types.
(2) Fishing vessels of full-time recreational fishery shall
not apply for change of or part-time operation of other fishery
types. Notwithstanding this provision, for a fishing vessel
whose age is 3 years and above and which has be authorized by
the competent authority for modification, the application for
engaging in directed fisheries may be made.
(3) Fishing vessels of fishing right fishery may apply for the
change of fishery types, but shall not part-time operate other
fishery types.
In case that fishing vessels of full-time recreational fishery
apply for the change to directed fisheries, the change of
fishery types shall be limited to pole and line boote fishery,
troll line fishery, longline fishery, spear fishery and other
fishery types approved and promulgated by the central competent
authority.
In case that fishing vessels of fishing right fishery apply for
change to directed fisheries, coral fishery, shellfish fishery,
fishery using submarine device, or other fisheries types
prohibited and promulgated by the central competent authority
shall not be engaged in.
Article 13
Fishing vessels of directed fisheries, full-time recreational
fishery and fishing right fishery may be replaced among one
another.
In case that any fishing vessel of full time recreational
fishery or of fishing right fishery is replaced to be engaged
in directed fishery, coral fishery, shellfish fishery, fishery
using submarine device, trawl fishery, or any other fishery
types prohibited and promulgated by the central competent
authority shall not be engaged in.
Article 14
In case that any fishery operator applies for the building of a
new fishing vessel with the replacement qualification of more
than one fishing vessel of the same fishery type, and the
replacement tonnage is less than that of the newly-built fishing
vessel, the shortfall shall be complemented, except that the
shortfall is less than one tonnage.
Where the replacement tonnage is more than the tonnage of the
newly-built fishing vessel by one tonnage and above, the
surplus replacement tonnage shall be reserved for one year
starting from the date of approval of reservation. The fishery
type of the reserved surplus replacement tonnage shall be the
same as that of the newly-built fishing vessel, and the
reserved surplus replacement tonnage shall be used only to
complement the shortfallof the replacement tonnage of other
fishing vessel(s), but not to build a new fishing vessel.
Where the replacement tonnage to be complemented in accordance
with paragraph 1 is complemented by the surplus replacement
tonnage of other fishery types reserved pursuant to the
preceding paragraph or by the tonnage from other fishery types
except for mackerel purse seine fishing vessels and fish
carrier vessels, the replacement tonnage complemented shall
not exceed 5% of the tonnage of the newly-built fishing vessel.
In case of a newly-built squid jigging vessel whose
replacement tonnage is complemented by a longline vessel or
trawler, the replacement tonnage complemented shall not exceed
49% of the tonnage of the newly-built fishing vessel.
Where a fishery operator applies with the replacement
qualification for the change of the fishery type of the existing
fishing vessel in accordance with Article 9, paragraph 1, and
the replacement tonnage is less or more than the tonnage of the
existing fishing vessel, the provisions stipulated in paragraph
1 to the preceding paragraph shall, mutatis mutandis, be
applied.
In case that a fishery operator builds a fish carrier vessel or
a mackerel purse seine fishing vessel, the tonnage of the
vessel shall not be less than that of the existing fishing
vessel. The replacement tonnage of these vessels shall not be
used by fishing vessel(s) of other fishery types for the
replacement or complement, and the surplus replacement tonnage
shall not be reserved.
Where a fishery operator applies for import of a fishing vessel
of new fishing method, the provisions stipulated in paragraph 1
to 3, Article 15 and Article 16 shall apply mutatis mutandis to
the replacement qualification and replacement tonnage.
Notwithstanding such provision, in case that fishing vessel of
the same fishery type or full time recreational fishing vessel
is not available domestically, the required replacement tonnage
for the fishing vessel to be imported shall be of other fishery
types except for those of mackerel purse seine fishing vessels
and fish carrier vessels.
For longline or tuna purse seine fishing vessels over 20 gross
tonnage with the age of more than 25 years, the replacement
tonnage shall be 74% of the original fishing vessel tonnage.
In case that a fishery operator acquires a fishing vessel in
accordance with Article 4, subparagraph (7), the provisions
stipulated in paragraph 1 to 3, Article 15 and 16 for
complementing replacement tonnage shall be mutatis mutandis
applied.
Article 15
Where a fishery operator builds a fishing vessel or applies for
changing of fishery type with replacement qualification pursuant
to Article 9, paragraph 1, the following provisions shall
apply:
(1) For fishing vessel whose length overall is 24 meters and
above, the fishery operator shall acquire the replacement
tonnage from at least one fishing vessel with the length
overall of 24 meters and above and the gross tonnage of 100
tons and above of the same fishery type. In case of building
a new fishing vessel, the gross tonnage of newly-built vessel
shall not be less than 100 tons.
(2) For fishing vessel whose length overall is 15 meters and
above but less than 24 meters, the fishery operator shall
acquire the replacement tonnage from at least one fishing
vessel with the length overall of 15 meters and above but less
than 24 meters and the gross tonnage of 20 tons and above of
the same fishery type, or from fishing vessel with length
overall of 24 meters and above and the gross tonnage less than
100 tons of the same fishery type. In case of building a new
fishing vessel, the gross tonnage of newly-built vessel shall be
no less than 20 tons and no more than 100 tons.
(3) For fishing vessel whose length overall is less than 15
meters, the fishery operator shall acquire the replacement
tonnage from at least one fishing vessel with the length overall
less than 15 meters of the same fishery type, or from fishing
vessel with the length overall of 15 meters and above and the
gross tonnage less than 20 tons of the same fishery type. In
case of building a new fishing vessel, the gross tonnage of
newly-built vessel shall be no more than 20 tons.
In case that any fishery operator acquires the replacement
qualification from one fishing vessel of the same level of
length overall and gross tonnage to build a fishing vessel or
change the fishery type pursuant to the preceding paragraph, and
95% of the replacement tonnage of the same fishery type is not
reached, the replacement tonnage shall be complemented by the
replacement qualification or surplus replacement tonnage of the
same level of length overall and gross tonnage of the same
fishery type pursuant to the provisions of each subparagraph in
the preceding paragraph.
Any Fishing vessel with gross tonnage less than 5 tons may be
used only for the replacement of fishing vessel less than 5
tons, and shall not be used for the replacement or
complementary tonnage of fishing vessel of 5 tons and above.
Article 15-1
Where a fishery operator acquires the replacement qualification
of a fishing vessel whose length overall is 15 meters and above
and whose gross tonnage is less than 20 tons, and applies for
building before 22 March 2008, he/she may build the fishing
vessel of the same fishery type with the length overall of 15
meters and above and the gross tonnage less than 20 tons. The
length overall of the newly-built fishing vessel shall be no
more than 20 meters.
Article 15-2
For any fishery operator that builds a tuna purse seine vessel
for operation in the western and central Pacific Ocean, sizes of
fishing vessels are classified as the following levels:
(1) Level 1: length overall of 80 meters and above, with the
gross tonnage of 2,000 tons and above.
(2) Level 2: length overall of 50 meters and above but less than
80 meters, with the gross tonnage of 700 tons and above but less
than 2,000 tons.
(3) Level 3: length overall less than 50 meters, with the gross
tonnage of 200 tons and above but less than 700 tons.
(4) Level 4: length overall less than 50 meters, with the gross
tonnage less than 200 tons.
Any fishery operator that builds any fishing vessel classified
in the preceding paragraph shall acquire replacement
qualification of a tuna purse seine vessel of the same level.
In case that the replacement tonnage is less than the tonnage
of the newly-built fishing vessel, the provisions for
complementing and reserving the surplus replacement tonnage
provided in paragraph 1 to 3 and paragraph 8 of Article 14 and
paragraph 2 of Article 15 shall not apply.
Any tuna purse seine vessel of any size level shall be replaced
for building into one single vessel, and shall not be divided
for replacement and building of several fishing vessels. Tuna
purse seine vessels of a smaller size level shall not be
combined together for the replacement and building of a tuna
purse seine vessel of a larger size level.
The replacement tonnage of any tuna purse seine vessel built
pursuant to paragraph 1 shall be the same as that of the
fishing vessel to be replaced, and the overall fish hold
capacity after the completion of building shall not exceed that
of the fishing vessel to be replaced.
Article 15-3
The gross tonnage of a newly built squid jigging vessel shall
not exceed 1,500 tons.
Article 16
Starting from 1 July 2007, longline fishing vessels operating in
the convention areas of relevant regional fisheries management
organizations in the Pacific Ocean, Atlantic Ocean and Indian
Ocean shall not be replaced by any fishing vessel on the vessel
list of other regional fisheries management organization.
Article 17
Where the approved modification of a fishing vessel results in
the increase of the gross tonnage, the provisions stipulated in
Article 14 and 15 shall be, mutatis mutandis, applied to the
replacement tonnage to be complemented, except when the tonnage
increased is less than one.
Any fishing vessel under 100 gross tonnage shall not be more
than 100 gross tonnage after modification.
Article 18
Application for the replacement qualification shall be
accompanied by the following documents:
(1) The original fishing license;
(2) The document certifying the cancellation of the Certificate
of Registry for the fishing vessel to be replaced.
(3) The document certifying the loss of the fishing vessel, or
documents certifying the exportation of the tuna purse seine
fishing vessel approved on a case-by-case basis.
(4) The document certifying cancellation of fuel allocation
handbook.
(5) For fishing vessels in Matzu and Kinmen authorized to be
changed into cargo vessels pursuant to subparagraph (4) of
Article 3, relevant certificates issued by the navigation
authority are required.
(6) Any other documents or information as specified.
A fishery operator whose fishing license has been cancelled
pursuant to Article 8, paragraph 1, is not required to submit
the documents as referred to in subparagraph (1) to (3) of the
preceding paragraph when applying for the replacement
qualification.
Article 19
The replacement qualification is valid for 3 years from the date
of the loss of the fishing vessel.
In case that a fishing vessel is detained by a foreign
government, and the competent authority has completed the
punishment imposed upon the vessel or has decided remission of
the punishment, or any court decision has not been received
after the vessel is detained for two years, the replacement
qualification shall be valid for 3 years from the date that the
vessel owner completes the cancellation of the Certificate of
Registry from the navigation authority.
The replacement qualification permitted in accordance with
Article 9, paragraph 2 shall be valid for 3 years from the date
of the approval.
Article 20
In case of any of the following circumstances, no application
forthe replacement qualification shall be allowed:
(1) The fishing vessel has not been lost.
(2) Any circumstances as referred to in Article 7-1 of the Act,
where application of fishing license has been refused.
(3) At the time of the application for scrapping of the fishing
vessel, the validity of the fishing license or the duration of
approved suspension of fishery operation has been expired.
(4) Any imported fishing vessel of new fishing method which has
not obtained the replacement qualification after the
promulgation of vessel building restriction by the central
competent authority on 17 November 1989.
(5) Where a fishing vessel has been stranded and its owner has
not addressed properly, causing risks in navigation, or
pollution of marine environment.
(6) Where the fishing vessel is detained, forfeited, or
confiscated by a foreign government and its owner has not
addressed the crew repatriation and other related matters
properly.
(7) Where the fishing vessel has encountered accident abroad and
its owner has unpaid expenses that are paid in advance by
relevant government authorities.
Article 21
In the event that an existing fishing vessel is scheduled to be
scrapped, the application for building of a new fishing vessel
may be made first. Notwithstanding such provision, the existing
fishing vessel shall be scrapped completely and its original
fishing license shall be cancelled before the application for
issuing the fishing license of the new vessel.
Article 22
Main fisheries such as trawl fishery, longline fishery, squid
jigging fishery, tuna purse seine fishery and mackerel purse
seine fishery shall not be registered as part-time fishery.
Where such fishery has been approved as part-time fishery, at
the time of application for re-issuing or renewal of the
fishing license, the fishery operator may apply for changing
such part-time fishery to main fishery. Where such application
is not made, the competent authority shall cancel such
part-time fishery.
Article 23
No new fishing license shall be issued to a fishing vessel of
coral fishery, shellfish fishery, and fishery using submarine
device, except for the renewal of fishing license upon expiry.
Fishing vessels identified by the central competent authority as
equipped with coral harvesting device before 31 December 2007
may operate part-time coral fishery in accordance with the
regulations stipulated by the central competent authority
starting from these Regulations amended and effective on 22 May
2008.
In case that the fishery operator applies for the replacement
qualification for the fishery types stipulated in paragraph 1,
the fishery operator shall change such fishery type to other
fishery type.
Article 24
No restriction shall be made on the fishery type of fishing
vessels less than 5 gross tonnage, except for the operation of
the fishery such as coral fishery, shellfish fishery, fishery
using submarine device and trawl fishery, which shall be
operated in accordance with the relevant provisions of these
Regulations.
Article 25
Registration of the main fishery on the fishing license shall be
limited to one type only and registration of part-time fishery
shall be limited to three types.
Article 26
Fishing vessel approved to be built shall complete the building
and apply for fishing license within two years after the
approval. In case that the completion of the building is past
the timeframe, the approval shall be deemed as invalid.
Application for one-year extension of the building approval may
be made before the expiry of the two-year validity of the
original approval, provided that the construction of vessel hull
has been completed and the main equipment, such as the main and
auxiliary engines, has been purchased.
Article 27
No fishing vessel shall be imported from foreign countries,
except for any of the following circumstances:
(1) A fishing vessel of new fishing method as reviewed and
approved by the central competent authority, with the age of the
vessel less than10 years starting from the date of launch to the
date of application.
(2) A newly-built fishing vessel of full time recreational
fishery.
(3) A fishing vessel approved by the central competent
authority to
engage in foreign fishery cooperation and thus registered in
that country has terminated its fishery cooperation; or a
fishing vessel exported and registered in a foreign country on
a case-by-case basis resumes its registration in the Republic
of China.
(4) A tuna purse seine fishing vessel approved by the central
competent authority to be exported to the small island
developing States in the western and central Pacific Ocean
resumes its registration in the Republic of China.
(5) A fishing vessel which complies with the provisions of
Article 29.
For the application for the import of the fishing vessel
referred to in subparagraph (1) of the preceding paragraph, the
applicant shall first obtain the replacement qualification.
For the application for the import of the fishing vessel
referred to in subparagraph (2) of paragraph 1, the applicant
shall first obtain the replacement qualification and the
approval from the municipal or county (city) competent authority
where such vessel intends to register, and submit to the
central competent authority for final approval.
Article 28
[Deleted]
Article 29
From 1 January 2003 to 21 March 2007 when these amended
Regulations are effective, for any foreign flag squid jigging
fishing vessel over 100 gross tonnage built in Taiwan and
exported and operated by the national of the Republic of the
China, the application for import may be made after acquiring
enough replacement tonnage pursuant to Article 14.
The review procedures for relevant documents for squid jigging
fishing vessels imported pursuant to the preceding paragraph are
subject to promulgation of the central competent authority.
Article 30
In case that the fishing license is lost or defaced, the fishery
operator shall apply to the original issuing authority for the
reissuance or renewal with relevant certifying documents.
Article 31
For the issuance, renewal or reissuance of the fishing license,
the license fee as shown in the attached table shall be paid
pursuant to Article 7 of the Act.
Article 32
Rules for the fishery type, replacement and modification of
sampans and fishing rafts may be established by the central or
municipal competent authority. The coral fishery, shellfish
fishery, fishery using submarine devices and trawl fishery shall
not be operated by sampans and fishing rafts.
Article 33
These Regulations shall enter into force from the date of
promulgation.
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